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Home My WebLink About2.0 Resolution 81-387I a STATE OF COLORADO ss. County of Garfield At a ........,.,.....f.e.gDJ..af.. ..... meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on..........................MOnday...........:............ ttre.......2,I.St..,................day of .D9C.9mb.9r...........................A. D. r9.8.I....... , there were pres€nt: .J*af.fy....V.g.IaSq.UgZ. , commissioner Chairman .,81ay9n...tL....Ce.r.ise................. , commissioner Comrni""ioner.Ean]....G.^....Bhgd.e.s. , county Attorney .I+e.anng....C}e.1and.,....D.ep.ufy , cterk of the Board when the following proceedings, among others were had and done, to-wit: RESOLUTION NO. 8I-387 RESOLUTION CONCERNED W]TH GR/TNTING AN EXEMPTION FROM THE GARFIELD COI]NTY SUBDIVISION REGT]LATIONS FOR LEO JAMARRON. SIIIEREAS, Leo Jamarron has petitioned the Board of CounEy Commissioners of Garfield County, Colorado, for an exempEion from the definition of .the terms 'fsubdivision'r and "subdivj-ded land" under C.R.S. L973, 30-28-101 (10) (a)-(d), as amended, and the Subdivj-sion Regulations of Garfield County, Colorado, adopted January 2, L979, Sections 2.02.2L (d) and 3.02.01 for the division of a B0 acre tract described as follows: that parcel of land as described in Document No. 200537 and 283658 as filed in the Office of the Clerk and Recorder of Garfield County, Colorado into 2 traccs of approximately 5 and 75 acres each, more or less, which proposed divided tracts are more particularly described as follows: TRACT A: A.tract of land situate in Lots 6, 9,20, arId 21, Section 35, T65, R89W. of the 6th Principal Meridian, being more particularly described as follows: CommencingatthewestquarterofsaidSection35;thenceN.89.54|24,,E.a1ongthe east-west centerline of said Section 35, a distance of 1388.03 feet to the truepoint of beginning; thence N.13'56r41"W. a distance of 43.65 feet; thence N.C4o26'44" W. a distance of.426.60 feet; thence N.53'58'02"E. a discance bf 64.39 feet; thence N.16o08'59"E. a distaace of 92.76 feef; thence N.60'41'16"E. a distance of I88.40 feet to a point on the westerly right-of-way of the Denver and Rio Grande WesEern Railroad; thence continuing S.01"52'26"W. along said railroad right-of-way, a distance of 100.68 feetl thence 409.77 feet along the.-rc of a non-tangent curve to the left having a radius of 2010.08 feet, having a central angle of 11o 40'48" and subtending a chord bearing 5.22"22'54"E. a distance of 409.06 feet; thence S.87oL7tLz"E. a distance of 58.56 feet; Ehence 242.89 feet along the arc of a non-tangent curve to the left having a radius of 1960.08 feet, having a central angle of 07o06t00" and subtending a chord bearing S.32"39'07"E. a distance of 242.74 feet; thence leaving said railroad right-of-way S.89'54'24"W. along the east-west centerline of said Section 35, a distance of 540.49 feet to the true point of begi-nning, containj-ng 5.00 acres more or less. LEGAL DES CRTPTION.RATLROAD EASEMENI A tract of land situaEe in Lot 9, Section 35, T65, R89W of the 6th Principal Meridian, being more particularly described as [ol lows: Commencing at the West quarter corner of said Section 35; thence }i.89"54'24"8. a distance of 1388.03 feet; thence N.13'56'/+l"I'J. a disEance of 43.65 feet; thence N.04'26'4lr"W. a distance of 426.60 feet; tlrt'ncc N.53"58'02"8. a distance of 64.39 feet; thence N. 16o08'59"E. a distance of 92.7(r [r',-'t i thence N.60'41'16"E. a dis- tance of I88.40 feet to a point on tire 1','ust i i.rrt' r.rt srrirl [.trt 9 and a point on the West right-of-way of the Denver & Rio Crrtndc Ht'::l t rn li;tilrtrad to the true point of beginning; thence N.01"52'26"t. along f hc h't':rL I [nt' of s:tid Lot 9, and the I^lestline of said right-of-r{ay of Dcnvcr [, Iiio (lt':ttttlt'lit'stcrn Ritilroad a distance of 46.76 feet; thence leaving the h't'st 'l ittr' of s;ritl I.rrt. 9, itnd said rtght.-of-way of the Denver & Rio Grande WcsEern iiirilrold N.r,()''1rl I l()"1:. rt distrrrrce of 108.25 feet; Ehence S.15t43'22"E. along East ri1:irr-crt--k':t\' ('. l- t ll,' Ih'nvr'r l, iiio Grande I,trestern Railroad, a <iistance of ,1 1.15 t-cr't: t-ltr'tlt't' S.tr()"'/tl'16"1,'. a distance of 122.79 feet to Ehe true point of begirrning, cotttrtittinl: 0.106 acres more or less. o LEGAL DESCI{IPTION-ROAD EASEI'{I1NT A tract of land situate in Lot 6, Section 35, T65, RB9W, of the 6th Principal Ileridian, being more particul;rrly described as fol-lows: CQmmencing at tl-re tr^/est qtlrrt,:,r'i corner of said Sc.ction 35; thence N.89'54'24"8. a distance of 1388.03 feet; thence N.13"56'4I"!,I. a distance of 43.65 feetl tirence N.04"26'44"W. a distance of 426.60 feetl thence N.53o58'Oz"E. a distance of 64.39feet; thence N.16'08'59"8. a distance of 92.76 feet to the true point of beginning; thence 29"18'44"w. a distance o f" 40.00 feet; thence N.60'41'16"8. a distance of 212.6L feet to a point on the east line of said Lot 6, and a point on the West right-of-way of the Denver & Rio Grande Western Railroad; thence S.01"52'26"W. along the east line of said Lot 6, and along said West right-of-way of the Denver & Rio Grande l'Iestern Rallroad, a distance of 46.76 feet;thence leaving the ease line of said Lot 6, and said West right-of-way gf the Denver & Rio Grande Western Railroad, 5.60"41'16"w. a distance of 188.40 feet to the true point of beginning, containing 0.184 acres, more or tess. TRACT B: The remaining 75 acres. (in the State of Colorado and Counryof Garfield): and WHEREAS, the Petitioner has demo.nstrated Eo the satisfaction of the Board of County Commissioners of Garfield County, Colorado, t.hat the proposed division does not fa1l within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes L973, as amenCed, for the reason that the impact created does not warrant further subdivlsion review, and WIIEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Couunissioners of Garfield County, Colorado, that there is a reasonableprobability of locating domestic water on each of sai.l tracts, that there is adequate ingress and egress t.o said tracts, that the location of septic tanks will be permitted by the Colorado DeparEment of Health, that the requested division is not part of an existing or larger development. and does not fall r"'ithin the general purposes and intent of the subdivision regulations of the State of Colorado and the County of Garfield and should, therefore, be exempted from the definition of the terms "subdivision" and "Subdivided 1and" as set forth in C.R.S. 1973. 30-28-101 (10) (a)-(d), as amended; NOiI' TIIEREFORE, BE IT RESOLVED that the division of the above described tracEsrrArt & t'Bt' from the above described 80 acre tract is hereby exempted from such definitions and said tract may be divided into tracEs 'rA" & "B" aII as is nore fully described above, and said divided tract may be conveyed in the form of such srualler tracts wi-thout further compliance with the aforesaid subdivision statutes and reg- ulations; provided, horvever, that this exenption is granted on the condition and with the express understanding and agreemenE of the Petitioner t.hat no further exemptions be allowed on said Tract "A"; that only two additional exemptions for children be alLowed on said Traet'lB"; that a building permit be issued for building site B(the above mentioned 5 acre parcel) only, and not for the previously proposed 5 acre parcel; that an application be made for a zone change from the Agricultural/Industrial zone district to the Agricultural/Residential/Rural Density zone district; and further that a copy of the instrument, or instruments of conveyance when recorded shall be filed with this Resolution. ATTEST:BOARD OF COUNTY COMMISSIOMRS GARL-IELD COLJNTY, CoLORADO o f,, ,f1^:(l[-. vote: Commissioncrs STATE OF COLORADO ss County of Garfield County Clerk and exofficio Clerk of the tsoard of County Commissioners in and for the Ccunty and State aforesaid do hereby certify that the annexed and foregoiug Order is truly copied from the Records oI the Proceedings of the Board of County Commissioners for said Garfield County, now Lt my offtco. IN WITNESS WHEREOF, I have hereunto s€t my hand and affixed the seal of said County, at Glenwood Springs, thls,.................,. day of ......... ... , A. D, 19 ...,..,....... County Clerk and ex-officio Clerk of the tsoard of County Commissioners. I,